PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

TERMS OF USE

Effective Date: 9 May, 2011

1. The terms used in this Terms of Use:

The Owner – an entity providing access to the Site under a web address www.filestube.com, that is Red Sky Sp. z o. o., a company incorporated under the laws of Poland, with its registered office in Szczecin, at Rynek Sienny 4b Street, Szczecin 70-542, Poland, registered in the entrepreneurs register conducted by the National Court Register maintained by the District Court in Szczecin, XIII Commercial Department, with KRS number 0000209107, NIP (tax identification number): 642-26-83-651, REGON number 276822679, amount of the share capital of PLN 937.000,00 covered in whole.

Contact Form – an electronic document found in the Site dedicated for making contact with the Site Owner.

Register Form – an electronic document found in the Site dedicated for registering a User’s account in the Site.

Terms of Use – this document, specifying the terms and conditions of using the Site as well as the rights and obligations of Site Users and the Site Owner. The Terms of Use constitute a binding agreement between you and the Owner, regarding your use of the Site.

Site or Service – FilesTube Service, available under the net address www.filestube.com

User – shall mean an adult person with a capacity to enter into legal transactions, acting on his/her own behalf (an individual user) or on behalf of a legal person (an institutional user), which makes use of the Site in accordance with the Terms of Use. A User can also be a minor and/or a person without a capacity to enter into legal transactions, provided that he/she obtains a consent of a statutory representative.

In accordance with the provision of Article 8 paragraph 1 subparagraph 1 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws no 144, item 1204 as amended) the Owner hereby establishes the Terms of Use.

2. Acceptance of Terms of Use: FilesTube is accessible worldwide to anyone with Internet access. Access to and use of the Service and the FilesTube Site are subject to these Terms of Use and Copyright Notice. The Terms of Use constitute a binding agreement between you and the Owners and operators of FilesTube, regarding your use of the FilesTube Site.

Please read these Terms of Use carefully. By using the Site, especially by accessing, viewing, searching, receiving and otherwise using the materials available through FilesTube ("use" or "using") or any webpage or feature available through FilesTube, any information provided as part of the FilesTube Services, or any related services, or by clicking "Sign up" during the registration process, you conclude a legally binding agreement with the Site Owner based on the conditions of these Terms of Use and become a FilesTube User.

An agreement of providing access the Site is concluded upon registration in the Site and simultaneous familiarization with the Terms of Use and Privacy Policy. A User cannot register in the Site without prior acceptance of the Terms of Use and Privacy Policy.

Once the registration on the Site is made the Owner will send a User an email. A User needs to check his/her inbox (or SPAM folder) and click the confirmation link included in the message, or copy and paste it into your browser address bar. A User can terminate the agreement, effective forthwith, at any time and without stating any reasons by deleting his/her account. To that aim, a User needs to submit a relevant declaration and send it to the following e-mail address support@filestube.com

A User may stop using the Site at any time. A User, who concluded an agreement for the Site of providing access to the Sites specified in the Terms of Use, has the right to renounce the agreement within 10 days of its conclusion. To make the renouncement of the agreement effective, it must be executed by sending a written declaration to the following address: Red Sky Sp. z o., Rynek Sienny 4b Street, Szczecin 70-542, Poland or by sending a relevant declaration of intent by e-mail to the following address support@filestube.com

If you do not want to become a User, do not conclude the Terms of Use, do NOT click "Sign up" and do not access, view, search or otherwise use any FilesTube Sites, information or Services.

Once again, we encourage you to read these Terms of Use with great care. By becoming a User, you acknowledge that you have read and understood the terms and conditions of these Terms of Use and that you agree to be bound by all of its provisions.

3. Modification of Terms of Use: We reserve the right to modify, supplement, replace these Terms of Use at any time on site's home page. Your continued use of this Site indicates your acceptance of the amended Terms of Use.

4. General provisions: FilesTube is a search engine designed to provide its Users with online service which enables the Users to search files in various file sharing and uploading sites.

FilesTube offers this files search engine on an “as is” basis. FilesTube distributes information supplied by third parties and provides Internet links and references gathered from web. Therefore, please do not assume that any content or materials identified, located or obtained through the use of FilesTube are error-free.

As a file sharing search engine FilesTube finds files matching your search criteria among the files that have been seen recently in uploading sites by our search spider. This information is accumulated in a database. When you execute a FilesTube search it delivers results from the database.

With our unique approach to crawling you can find the files shared on uploading sites that the other crawlers miss. Also our search engine collects rich and relevant metadata for each page. As a result, when you search for files (video, music, software, documents etc) with FilesTube, you can always find high-quality, relevant search results.

However we can not assure that each search you will make on FilesTube will return accurate, reliable, timely, correct, useful or complete result. We do not have control on the referenced search results and therefore, do not assume that the file or material any searched was linked to is not copyrighted.

Note that FilesTube has no way to determine which files have a copyright and which do not. FilesTube does not nor will ever store any files on its own servers. Users should use their own judgment when downloading files from other internet servers which could possibly infringe upon any copyright. Please note that content such as mp3/wma music files, mp4/mpg/avi video or movie downloads, ebooks, games or software might be protected by copyrights and legally cannot be downloaded. FilesTube cannot determine which links refer to the copyrighted materials and which do not, so this is left to discretion of the User.

Any Internet reference or any third party content in this web site in no way suggests or constitutes an endorsement or authentication of that content by FilesTube.

As a condition of using this Service, you assume all risk of loss resulting from the use of, or reliance upon, FilesTube Site or any materials identified, located or obtained by using FilesTube Site. You should not assume that you have permission to share a file simply because someone else has made it available online. To make sure you have the right to share the file check the license under which you downloaded it or check the record company music/artist/movie website. Compliance with all relevant laws is Users responsibility.

The technical requirements concerning the use of the Site functionalities are as follows:

1. an Internet connection;
2. a web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked in the Internet through a web Site with activated Java Script execution and writing Cookies files;
3. an email account.

5. FilesTube Account: In order to be a User, You do not need to create an account on our Site. Apart from the free use of the Services, Users of the FilesTube Service have the opportunity of establishing FilesTube account. When creating your account You benefit from number of different Services we provide to help You take advantage of our unique file search solution and You have access some additional features or other elements of the FilesTube.

If you have access to any FilesTube account, these Terms of Use applies to your use of such Services.

An agreement is established for offering access to the Service when you complete the registration process for the Service and become a User whilst at the same time agreeing to and understanding the Service’s Regulations and Privacy Policy. A User cannot register with the service unless they have agreed to and understand the Service’s Regulations and Privacy Policy.

A User has the ability to terminate the agreement with FilesTube at any time and without explanation, such a termination will be immediate after the removal of the Users account from the Service. Users Actions, which are mentioned here do not exclude an investigation by the FilesTube for financial claims associated with the Users fulfillment of responsibilities through the usage of payable services from the Service.

A User has the ability to terminate the use of the Service at any time, warning that FilesTube will have the ability to investigate the Users financial claims associated with the usage of payable services from the Service.

6. General operating rules; bandwidth limitations: THE USER AGREES THAT FILESTUBE MAY IN ITS COMPLETE DISCRETION ESTABLISH GENERAL OPERATING PRACTICES TO MAXIMIZE THE OPERATION AND AVAILABILITY OF FILESTUBE SERVICES FOR THE GREATEST BENEFIT OF ITS USERS AND TO PREVENT ABUSES. AS PART OF THESE PRACTICES, FILESTUBE RESERVES THE RIGHT TO MONITOR ITS SYSTEM TO IDENTIFY EXCESSIVE CONSUMPTION OF NETWORK RESOURCES AND TO TAKE SUCH TECHNICAL AND OTHER REMEDIES IT DEEMS APPROPRIATE TO PREVENT ABUSES. PLEASE NOTE, INCIDENTS OF VIOLATION OF THESE TERMS OF USE HAVE BEEN INFREQUENT AMONG FILESTUBE USERS; HOWEVER, FILESTUBE RETAINS THE RIGHT TO TERMINATE OR SUSPEND USER ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A VIOLATION OF THESE TERMS OF USE.

7. Your information: The FilesTube Privacy Policy located at Privacy Policy discloses our information practices regarding your registration and use of FilesTube and the choices that you can make about the use of your information. By signing up for FilesTube and/or by using FilesTube, you consent to the information practices disclosed in our Privacy Policy

8. Your responsibilities: FilesTube is for your personal use only. You are responsible for all activities under your account, including all legal liability incurred from the use or access of your account by you and others. You are responsible for keeping your password confidential. You may not:

1. use FilesTube in any way that may damage, disable, overburden, or impair our servers or networks;
2. use FilesTube Services to attempt to exploit a minor (under 18 years) old or solicit personal information from a minor;
3. try to gain unauthorized access to any Services, User accounts, computer systems or networks, through hacking, password mining or any other means;
4. violates these Terms of Use, guidelines or any policy posted on FilesTube; or
5. interferes with the use of FilesTube by others.

We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use, including without limitation, immediate termination of your account or access to FilesTube if we believe in our discretion you are violating these Terms of Use.

9. Proprietary rights: FilesTube, its licensors and contributors own all right, title and interest in FilesTube ("FilesTube Rights"). The FilesTube Rights are protected by copyrights, trademarks, trade secrets, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. All FilesTube Rights are reserved by their respective owners. You may only use FilesTube as authorized by these Terms of Use.

10. Comply with laws and the Terms of Use: You must comply with all applicable laws, these Terms of Use, as may be amended, and the following terms, which are incorporated into these Terms of Use:

1. DOs and DON’Ts
2. FilesTube Privacy Policy

11. Service Eligibility: You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from FilesTube; (c) are not a direct competitor of FilesTube; (d) do not have more than one FilesTube account at any given time; (e) that you have full power, authority and adequate legal capacity to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party; and (f) that you will use FilesTube only for lawful purposes and that you will not violate the terms of these Terms of Use. In addition, you must provide at your own expense Internet access, compatible software and all compatible equipment necessary to access and use FilesTube, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.

WE MAKE NO WARRANTY THAT ANY PARTICULAR COMPUTER OR OTHER DEVICE WILL BE COMPATIBLE OR FUNCTION WITH THE FILESTUBE SERVICE.

12. Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach via email at support@filestube.com, close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your FilesTube account or any information therein to another party or charging anyone for access to any portion of FilesTube, or any information therein.

13. Indemnify us: Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, damages, losses, claims, costs and expenses, including, but not limited to, reasonable attorney's fees that arise from your use or misuse of FilesTube and related to third party claims, charges or investigations, caused by (a) your failure to comply with these Terms of Use, including, without limitation any activity in which you engage on or through the FilesTube. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

14. Notify us of acts contrary to the Terms of Use: If you believe that you are entitled or obligated to act contrary to these Terms of Use under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to these Terms of Use, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

15. Privacy: You should carefully read our full Privacy Policy before deciding to become a User of FilesTube.

16. Your Rights — What You May Do: On the condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to use FilesTube Services as we intend such Services to be used, and only in accordance with these Terms of Use and any specific guidelines that we make available to you. We grant you no other rights, implied or otherwise.

17. Our Rights and Obligations — What We Must And May Do: The purpose of FilesTube is to provide a service which enables the Users to search files in various file sharing and uploading sites.

We allow you to access FilesTube as it may exist and be available on any given day. We have no other obligations, except as expressly stated in these Terms of Use. We may modify, replace, refuse access to, suspend or discontinue FilesTube Service, partially or entirely, or to charge and modify prices for FilesTube. All of these changes shall be effective upon their posting on our Site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in FilesTube and all related items.

As a file sharing search engine FilesTube finds files matching your search criteria among the files that have been seen recently in uploading sites by our search spider and automatically produces links to third party web sites ("Third Party Sites"). FilesTube is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. FilesTube produces links to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave FilesTube and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from FilesTube or relating to any applications you use or install from the site.

You acknowledge and agree that we may send you important information and notices regarding the Service by email. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of FilesTube, the FilesTube Affiliates, its Users and the public

18. Complaints

You have the right to lodge a complaint if We do not fulfill our obligations specified herein or if We fulfills them in a manner contrary to the provisions hereof. A complaint can be lodged in an electronic form to the followingaddress: support@filestube.com. A complaint should include in particular the problem constituting the basis for a complaint and Your identification (username and e-mail).

We shall consider a complaint within 14 days of its receipt in proper form. If a complaint cannot be considered in the specified deadline, We shall in that time notify by e-mail the person submitting a complaint of the reasons for such a delay and the expected date for complaint resolution.

A complaint can be submitted within 30 days as of the moment when the reasons for the complaint have become apparent. A reply to a complaint shall be sent to an e-mail address indicated by the person submitting a complaint.

We shall not consider complaints resulting from ignorance of the law in force, provisions of the Terms of Use and Privacy Policy or the information announced in the Service. If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.

19. Disclaimer: SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

WE PROVIDE THE PLATFORM FOR FILESTUBE AS FILES SEARCH ENGINE ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. WE, OUR VENDORS OR DISTRIBUTORS ("SERVICES PROVIDERS") DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS ABOUT FILESTUBE.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY FILESTUBE OR ANYTHING RELATED TO FILESTUBE, YOU MAY LEAVE FILESTUBE AND TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

FILESTUBE MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

FILESTUBE DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. FILESTUBE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, FILESTUBE DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE FILESTUBE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO FILESTUBE.

You may have additional consumer rights under your local laws that this contract cannot change. You use FilesTube at your own risk and responsibility.

20. Limitation of Liability: SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE SERVICE PROVIDER OR FILESTUBE IS TO DISCONTINUE YOUR USE OF FILESTUBE OR TO CANCEL ANY SUBSCRIPTION THAT YOU MAY HAVE WITH US.

WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, ACTIONS OF THIRD PARTIES OR NATURAL DISASTERS.

THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF FILESTUBE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

21. Termination: You may terminate these Terms of Use, for any or no cause, at any time. If you want to terminate your legal agreement with FilesTube, you may do so by (a) notifying FilesTube at any time with notice to FilesTube which shall be effective upon FilesTube processing such notice and (b) deleting your FilesTube account. FilesTube may terminate these Terms of Use for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice.

In furtherance and without limiting the foregoing, FilesTube has adopted a policy of terminating, in appropriate circumstances and at FilesTube’s sole discretion, members who are deemed to be repeat infringers copyrights. FilesTube may also at its sole discretion limit access to the Service and/or terminate the FilesTube account of any Users who infringe any other intellectual property rights of others, whether or not there is any repeat infringement.

22. Choice of Law: These Terms of Use and any disputes with us or any FilesTube Affiliate arising out of or relating to these Terms of Use or FilesTube ("Disputes") shall be governed by Polish law. You agree that the law of the Republic of Poland governs this contract and any claim or dispute that you may have against us, without regard to Poland's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Poland.

PLEASE NOTE THAT BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, DISTRICT OR REGIONAL COURTS IN POLAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN POLAND FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

23. Severability: If any provision of these Terms of Use is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of these Terms of Use.

24. Notices: We may notify you via postings on www.filestube.com, and via email. You may also notify us via email at support@filestube.com; any notices that you provide without compliance with this Section on Notices shall have no legal effect.

25. Entire Terms of Use: You agree that these Terms of Use constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Use.

26. No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by any FilesTube Affiliate shall be deemed legally binding on any FilesTube Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of FilesTube.

27. No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any Content or other material used or displayed through the Service.

28. Beneficiaries: FilesTube Affiliates are not parties, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you.

29. Assignment and Delegation: You may not assign or delegate any rights or obligations under these Terms of Use and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, FilesTube for any third party that assumes our rights and obligations under these Terms of Use.

30. FilesTube User DOs & DON’Ts

As a condition to use FilesTube, you agree to these Terms of Use and to strictly observe the following DOs and DON’Ts:

DO

1. comply with all applicable laws, including, without limitation, copyrights, tax laws, export control laws and regulatory requirements;
2. provide accurate information to us and update it as necessary;
3. review the Privacy Policy;
4. review and comply with notices sent by FilesTube concerning FilesTube;

DON’T

1. duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit FilesTube except as permitted in these Terms of Use;
2. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide FilesTube, or any part thereof;
3. imply or state, directly or indirectly, that you are affiliated with or endorsed by FilesTube unless you have entered in to a written agreement with FilesTube;
4. adapt, modify or create derivative works based on FilesTube or technology underlying the Services, in whole or part;
5. rent, lease, loan, trade, sell/re-sell access to FilesTube, in whole or part;
6. deep-link to the Site for any purpose, (i.e. including a link to a FilesTube web page other than FilesTube’s home page) unless expressly authorized in writing by FilesTube;
7. access, reload or "refresh" or make any other request to transactional servers more than once during any three second interval;
8. use manual or automated software, devices, scripts robots, other means or processes to access, "scrape", "crawl" or "spider" any web pages contained in the site;
9. access, via automated or manual means or processes, FilesTube for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
10. engage in "framing", "mirroring" or otherwise simulating the appearance or function of FilesTube’s website;
11. attempt to or actually access FilesTube by any means other than through the interface provided by FilesTube;
12. attempt to or actually override any security component included in or underlying FilesTube;
13. engage in any action that interferes with the proper working of or attempts to gain unauthorized access, or transmission or activation of computer viruses;
14. remove any copyright, trademark or other proprietary rights notices contained in or on FilesTube, including those of both FilesTube or any of its licensors;
15. remove, cover or otherwise obscure any form of advertisement included as part of FilesTube;
16. use or attempt to use another's account without authorization from the FilesTube;
17. infringe or use FilesTube’s brand, logos and/or trademarks, including, without limitation, using the word “FilesTube” in any business name, email, or URL or including FilesTube’s trademarks and logos on any website without authorization.

31. Liability: Subject to the provisions contained in the following paragraph and irrespective of legal grounds, FilesTube is liable only for damages resulting from the intentional misconduct or gross negligence of FilesTube, its legal representatives, employees or authorized agents (“Agents”).

For damages resulting from the gross negligence of FilesTube or its Agents, liability is limited to damages commonly associated with the agreement in question. For damages caused by FilesTube or its Agents in the absence of intentional misconduct or gross negligence, FilesTube’s liability is limited to the extent that violations extend to obligations the satisfaction of which is of critical importance to the achievement of the respective agreement’s purpose (cardinal obligation). In the event that a cardinal obligation is violated by way of light negligence, liability is limited to damages commonly associated with the agreement in question. To the extent that FilesTube’s liability is excluded or limited under the foregoing provisions, such provisions also operate to the benefit of FilesTube Agents in cases in which a User sues FilesTube Agents directly.

32. Data protection and Privacy Policy

A User shall carefully read our full Privacy Policy before deciding to become a User of the Site.

In case a User is making use of the Site in a manner violating the Terms of Use or the law in force, the Site Owner shall have the right to use the User’s personal data within the scope necessary to establish his/her liability. In such a case the Site Owner shall notify a User of his/her committing illegal activities with a demand of their immediate cessation.

33. How to contact us: If you have questions or comments about these Terms of Use, please email us at support@filestube.com

34. Final provisions

The Terms and Conditions enter into force on the 9 May 2011.

The Terms and Conditions are available to Users under the following internet address www.filestube.com/terms.html

The Terms and Conditions shall be governed by the Polish law.